Johnson v. Fry

This is an action brought by plaintiffs against defendants to remove cloud from plaintiffs’ title, O. S., 1143, and restrain a sale under execution.

“Walker, J., in Christman v. Hilliard, 167 N. C., 4, speaking to this statute, says: ‘The beneficial purpose of this statute is to free the land of the cloud resting upon it -and make its title clear and indisputable so that it may enter the channels of commerce and trade unfettered and without the handicap of suspicion.’ ” Plotkin v. Bank, 188 N. C., at p. 715.

*835The record discloses from the agreed facts that:(1) Ben Hicks owned a certain piece of…